Death in Custody

Civil Rights Lawsuits Over Death in Custody

When an inmate dies while in custody due to excessive force or when the
inmate is denied healthcare that he or she is entitled to receive, the
death may be a civil rights violation. The surviving family members of
the prisoner may be able to take legal action to recover compensation.
Our Cleveland personal injury and wrongful death attorneys at Spangenberg
Shibley & Liber can help you find out more about your rights and options
in regards to a
wrongful death case.

The Rights of Inmates

Prisoners have certain legal rights when they are in custody, regardless
of whether they have been arrested, have been convicted or are being held
pending trial. And law enforcement officials—including police and
prison guards—have certain responsibilities to prisoners to protect
their legal rights.

Contact us for a free consultation if a loved one has died or been injured
while in police custody. An experienced Cleveland civil rights attorney
at Spangenberg, Shibley & Liber is ready to review your case at no
cost to you.

At our, we provide focused, results-oriented representation to victims
who have lost a loved one while that individual was in custody. For 70
years, we have served as tireless advocates for people who have been denied
their civil rights while in custody. We feel that it is in our clients’
best interests to negotiate a fair settlement rather than subject them
to a lengthy court battle. If the defendant is not willing to negotiate
fairly, however, our Cleveland civil rights lawyers are fully prepared
to litigate the matter before a judge or jury.

What Remedies Are Available?

Examples of situations where family members may be able to sue include:

When a prisoner was killed as a result of
excessive force by prison guards.

When a prisoner was killed as a result of a prison attack that he or she
was not protected from despite threats of violence.

When a prisoner was not provided with adequate healthcare for a medical
condition and died as a result of a medical problem that might otherwise
have been treatable.

When a prisoner is subjected to excessive or unreasonable uses of force,
including, for example, the use of Tasers, pepper spray or restraint.

Police Misconduct

Highly
Decorated

In these and many other situations, corrections officers and other law
enforcement workers may have failed to live up to the obligations that
they have to people in custody. The family members of those who are killed
could potentially pursue a wrongful death claim in state court, depending
on whether the deceased victim was in a federal or a state prison.

However, family members may also have a civil rights claim, which they
may be able to bring in a federal court under 42 U.S.C. § 1983. An
experienced attorney at Spangenberg Shibley & Liber LLP can explain why
civil rights cases may be the best type of legal action to pursue when
someone has been killed in police custody or while in prison.

We have extensive experience pursuing wrongful death and Section 1983 cases
after deaths in custody. We handle all cases involving deaths in custody
on a contingency basis, so you can rest assured that we are prepared to
move forward without charging you any attorneys' fees until your case
has been resolved. Spangenberg is here and ready to help you to pursue
your claim.

Call us at (216) 600-0114 today to learn more about how we can assist with your case.